Methods to help when working with a child custody evaluator

Posted on Apr 23, 2018 6:00am PDT

It doesn’t take a lawyer to be familiar with the rights that are read to a person when he or she is being arrested. Known now as your Miranda rights, a police officer will tell you that you have the right to remain silent and that anything you say can and will be used against you in a court of law. My wife loves the television show Law and Order and that line is recited probably three times every single episode.

The point I’m trying to make here is that most of you have probably heard that line in some format before you just read it here. That warning is applicable even in child custody cases that involve an evaluation of you, your family and your home.

When interacting with your child custody evaluator it is important to remember that he or she, while nice and pie and sweeter than honey, is not your friend and is not an advocate for you. As a human being, he or she probably sympathizes with what you and your family are going through.

In conversation, he or she may even tell you as much. However, be wary when discussing any subjects with the evaluator. The reason being is that what you tell him or her is never “off the record”. Those discussions are available to the judge and will likely be used to create a custody report and make recommendations regarding conservatorship, possession, and access in your case.

You will likely have an attorney in your child custody case and this is advisable. Certainly, a child custody evaluation is not done in every divorce or child custody case. When they are done it is usually due to a fairly substantial dispute or difference in opinion on a subject in connection with your case. Having an attorney to advocate for you and communicate your rights and responsibilities is crucial.

Speak to your attorney if you have any doubt whatsoever in what you should and should not discuss with a child care evaluator. I do not mean to make this sound any more intimidating or imposing than it ought to be but it is an important process and can impact your case in a dramatic way. Always use your best judgment when saying anything to a child custody evaluator.

Paperwork, Paperwork, Paperwork

At the outset of an evaluation, the evaluator will likely have you and the other parent to your child fill out some paperwork for him or her. Your attorney will likely have done the same with you but the way you approach each should be different.

Your attorney’s paperwork is for the lawyer’s eyes only and can be done in a more “off the cuff” fashion. The evaluator’s paperwork is going to be one of the first ways that he or she is able to judge you and as a result, you should put some thought into how you respond to questions.

For instance, when responding to a question it is smart to not completely dismantle the other parent in your answers. You may have the fire of a thousand suns ready to leap off your fingertips and onto that piece of paper, but I would recommend you hold back. If the other parent is the reason why your case was filed, if their actions have led to financial and emotional difficulties or anything in between this is not the place to fight that battle.

You have an attorney to advocate for you. Let him or her do their job. Answer the questions as they are asked and do not provide superfluous information.

When answering questions remember that if you attempt to exaggerate something or minimize something in your favor that it is likely that this will come back to haunt you. You may eventually be asked to provide evidence of what you are saying in the paperwork answers. If the answers you provide cannot be substantiated it looks like either you:

are neglectful when it comes to answering questions or

that you are not being truthful (otherwise known as lying).

Neither is a good look for you, though I suppose it is better to be the former than the latter. Be truthful above all else. Do not provide extraneous information. Even if your answers make you look not so favorable answer honestly.

The last thing you want to do is have to fight a battle against your opposing party and the child custody evaluator.

When it comes to the evaluation, act like a grownup

For most of us, acting like a grownup isn’t too difficult because, well, we are grown-ups. Ostensibly you have:

If you are going to be interviewed by the evaluator at 6 p.m. on Wednesday evening at your home make sure you are there at 6 p.m. on Wednesday evening. If you will be getting home from work at 5:55 sweaty from a full day of doing (insert tough, physical labor type job) maybe don’t schedule your appointment for 6:00 and instead suggest 7:00 to the evaluator so you can take a shower and clean yourself up before their arrival.

Overall, speak plainly and calmly. No need to dress up your language or speed up what you have to say so you can pack more words into an answer. If you don’t understand a question, ask him or her to ask it a different way.

Remember that the evaluator is not on anyone’s side so there is no need to react defensively to a question being asked. These simple behaviors can greatly assist your “performance” in an interview setting.

The Law Office of Bryan Fagan represents clients across southeast Texas and would be honored to speak to you about doing the same. A free of charge consultation with one of our licensed family law attorneys is only a phone call away. Please contact us to learn more about our attorneys, staff and the services we can provide to you and your family.

Law Office of Bryan Fagan | Spring, Texas Child Custody Lawyers

The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding child custody, it's important to speak with one of our Spring, TX Child Custody Lawyers right away to protect your rights.

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